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APP2004-00008 APP2004-00008 1925 EDGEW A TER DR OP FLIGHT ENTE}UlRISES, IN PLANNER OF RECORD: GLC ATLAS # 251A . ZONING: T LAND USE: RFH RECEIVED: 10/07/2004 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CL W CoverSheet CLWCoverSheet >> "' APP2004-00008 1925 EDGEW A TER DR Date Received: 10/07/2004 TOP FLIGHT ENTERPRISES., INC ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 251A PLANNER OF RECORD: NOT ENTERED 10- 7-04,10 52AM,Offlclal ~ecords " ,95624086 # 5/ 6 " , . STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS . MARY KATE BELNIAK, Petitioner, vs. Case No. 04-2953 FLD2003-09050 TOP FLIGHT DEVELOPMENT, LLC, AND CITY OF CLEARWATER, Respondent. INITIAL ORDER 1. Th1S case is ass1gned to Judge WILLIAM F. QUATTLEBAUM to whom all questions concerning this case should be addressed. 2. The original and one copy of all pleadings and papers shall be f11ed on 8.511 x II" paper at the address below and a copy served upon all other part1es. Plead1ngs and papers may be faxed 1n 11eu of or1ginal document filing. All pleadings and mot10ns must conta1n the DOAH style and case number. 3. THE AGENCY OR, WHERE THE AGENCY IS NOT A PARTY, THE PETITIONER SHALL COORDINATE WITH ALL PARTIES AND PROVIDE THE FOLLOWING INFORMATION WITHIN 7 DAYS OF THE DATE OF THIS ORDER: a. Any related cases before the Division and, if so, the DOAH case number and/or the Agency case number; b. Estimated length of time necessary to conduct the final hearing; c. Suggested geographic location for the final hearing; d. All dates more than 30 and less than 70 days from the date of this Order on which you are available for the f1nal hearing. If the dates ind1cated by the parties conflict with the schedule of the ass1gned Judge, the hearing will be set in accordance with the Judge's schedule. EACH PARTY SHALL INDIVIDUALLY PROVIDE THE FOREGOING INFORMATION IF COORDINATION IS UNSUCCESSFUL. 4. Flor1da attorneys who have previously registered at the DOAH website may f1le the information requested in paragraph 3 electron1cally. Electronic filing by persons who are not members of The Florida Bar w111 be allowed at a later date. 5. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER SHALL WAIVE VENUE RIGHTS; AND THE FINAL HEARING WILL BE SET IN TALLAHASSEE, FLORIDA, AT A DATE, TIME, AND DURATION ESTABLISHED BY THE DIVISION. DONE AND ORDERED this 19th day of August, 2004, in Tallahassee, Leon County, Florida. ~~ By Order of the Chief Judge ANN COLE, Clerk of the D1vis1on DiviS10n of Admin1strat1ve Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the DiviS10n of Administrative Hearings th1s 19th day of August, 2004. 10- 7-04,10 52AM,OffIClal F~rords '"" ,95624086 # 6/ 6 } SUMMARY OF PROCEDURES This case has been filed in the Division of Administrat1ve Hearings to conduct an evidentiary hearing governed by Chapter 120, Florida Statutes, and Chapter 28-106, Parts I and II, Florida Administrative Code. THE PARTIES SHALL TAKE NOTICE THAT: 1. Discovery may be undertaken in the manner provided in the Florida Rules of Civil Procedure and should be initiated immediately if desired. Necessary subpoenas and Orders may be obtained through the assigned Judge. Discovery must be completed 5 days before the date of the final hearing unless an extension of time for good cause is granted 2. The government agency for whom a hearing is conducted will make arrangements for preserving the testimony at the final hearing. 3. A party may appear personally or be represented by an attorney or other qualified representative, pursuant to Rule 28-106.106, Flor1da Administrative Code. 4. Rule 28-106.210, Florida Administrative Code, provides that requests for continuances must be made at least 5 days prior to the date of hearing, except in cases of extreme emergency, and will be granted only by Order of the Judge for good cause shown. 5. Parties will promptly notify the assigned Judge in the event of a settlement or other development which might alter the scheduled hearing. 6. The parties are expected to d1scuBs the posB1bility of settlement, enter into prehearing stipulations of fact and law, identify and 11m1t 1ssues, and exchange exhibit and witness lists prior to the hearing. 7. If all parties agree, this case may proceed as a summary hearing, without d1scovery, if requested by motion within 15 days from the date of this Order. Th@ Judge will enter a Final Order with1n 30 days after the hearing. In accordance with the Americans with Disabilities Act, persons needing a spec1al accommodation to participate in this proceeding should contact the Judge'S secretary no later than seven days prior to the hearing. The Judge'S secretary may be contacted at the address or telephone numbers on page one, via 1-800-955- 8770 (Voice), or 1-800-955-8771 (TOO) Florida Relay Service. COPIES FURNISHED: Leslie K. Dougall-Sides, Esquire (727}562-4010 Alan s. Zimmet, Esquire (727) 723-3772 cynth1a Goudeau (727)562-4010 Don Dennehy (727)278-4400 10- 7-04,10 52AM,Offlclal Ipcords , ,95624086 # 3/ 6 CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 C11Y HAIL, 112 SOUTH OSCEOlA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4010 FAX (27) 562-4021 C11Y ATTORNEY'S OFFICE August 18, 2004 VIA FEDEX (four boxes) James W York, Deputy Chief Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Tallahassee, Florida 32399-1550 Re: Mary Kate Belniak v Top Fliaht Development. LLC. and City of Clearwater, Appeal of Community Development Board Decision Granting Increase in Building Height from 35 feet to 59 feet and Reduction In Sideyard Setback at 1925 Edgewater Drive Case No. FLD2003-09050 Dear Judge York: Enclosed are two copies of the file documents together with a verbatim cassette recording of the proceedings regarding the above-referenced case before the Community Development Board, whose decision IS being appealed by Mary Kate Belmak: 1. Community Development Board July 20, 2004, minutes; 2 Entire Planning Department file, Case No. FLD2003-09050; 3 Application for Administrative Appeal filed by Mary Kate Belniak For the convenience of the parties and witnesses please schedule the hearrng in Clearwater. You may contact Betty Blount In the City Manager's Office at 562-4040 to schedule City commission chambers or the large conference room; or you may contact this office at the above number regarding other available hearing locations. BRIAN r Al'NG'-I, MAlOR FRANK HIBBARD, VJCC lvLwOR BIU JON~ON, COlINCIL\!E'vlIlI:R * Hml HMIlLION, CO!lNCIL~!B.jfl[R CARLEN A PI:IL~EN, COL'N(.fL\IHlllrR "EQUAl. EMPIOYMEN1 AND AFFIRl\'IJ\1IVE ACIION EMPW'rTR" 10- 7-04,10 52AM,Offlclal ~~cords , ,95624086 # 4/ 6 James W. York, Deputy Chief Judge Division of Administrative Hearings Page Two August18,2004 Please advise the parties as soon as an administrative law judge is assigned to this case Very truly yours, I/~l t;Y M1( "~;C Leslie K. Dougall-Sides-- Assistant City Attorney Enclosures Copy to: Alan S. Zimmet, Esquire, Attorney for Applicant Mr. Don Dennehy, Representative for Respondent, Top Flight Development, LLC Cynthia Goudeau, City Clerk " J 10- 7-04.10 52AM,Offlclal R~Cords ,95624086 # 2/ 6 ; Clearwater O~ ~ PIIInrlq DepMhllld 100 ScUh UVdIe A.... ae. ..... FIlIridI337S8 T.....7Z1~ Fax: 727-5f12.4576 CASE I: 1i OATERECEIVED: V RECEIVED BY (staff lnitlalst~ · IJ SUBMIT ORIGINAL SIGNED AND NOTARI7FIl APPLICAllON a SUBMIT 12 COPIES OF THE ORIGlNALAPPUCATION a APPEAL TO 11iE COMMUNITY DEVELOPMENT BOARD - RESIDENTIAL $100.00 IJ APPEAL TO 11iE COMMUNITY DEVELOPMENT BOARD - NON-RESlDENTIAL $250..00 X APPEAL TO HEARING OFFICER S5OO.oo - RECEIVED AUG 0 3 200\ OFFICIAL RECORDS AND LEGISLATIve SRVCS DEPT APPEAL APPLICATION LmI OnIlalLewll Two RnIews(Revised 02127/(4) ...a.EASE TYPE OR PRINT- APPUCATIONlNonce Of APPEAL (COde 8ecIion 4-I02.A & 8) S8dillIl4-602.A: An &pp8lII ~ a lAMI One 8AIRMd (FIedIIe stlndIId DeIJl!~...,I) ..., be InIiaIBd ." a paperty CMnef abutIIng the property which is .. ~ of the 8fIIlIOI'8I WiII*l 9lMII1 .,. fI the dBI&.. 08\J':!' ....1eI1t Order IB IBsued. The'" of 1m ~"..1IInotice fI appeIlII &hili stay Ihe errect fI the dedsIan pendIrv .. finaI...i.......... of.. CSIlI8. The..... beb&.. CarnnutIly OWe...... Bon shaI be scheduled 81 the tht IMlIIlII*t ......... of... BIBd (&uIIicIIri to pnMlII!I naIIce &nIer SecIIan 4-3J8) mt ..., be ccnhIed ill... mee&1g ofU. BaBn:lso 118.. Board may naive mcnlldUn.6)l.. ..1IIWbr, <<...n 1lIe CclmnuIIly D8lIIIDJlftIfd BcBd shall render a decI&ian at.. meeIiIv but nut IBIIrthln 70 days fram the receipt tI the natIce of appeaI.l.nIess the pIIItIes ." nduaI consent 8llIend Ihe time frwne far the BolInl'a decIsfan untie ~~Ient meeIIng. SedIDn 4Sl2.B. An ~ ~...woIIce of..... of appesI 01.., deciIIan 0I1he CIr. 88 pnMded In s.:tIon 48)1, ..., be InIiaIBd br" appbnt or _..... grII8d IRIY'" wiIItt 14 days of the decI&IlIn. Such .,..... &hili be filed WiIh the CIly Clerk.. 8 farm spedIied by the CommunIy Det.,sllllf1llld ~llIIblr Idt.ll~ witt sp8CIIIcIy the basis far the appeal and ..ccoDlp8Iied br e" 881'8qU1nld by s.:tIan 4-202.E. TheIilqJ of an ..rr't1l6oofnalice of appelII sIIIII sIlIf the eII'8ct of the decIsian pencIq the finIlI cIeIerrIIL~, flthe c:8lII8 A. APPELLANT AND AGENT INFORMATION: APPEUANTNAME:~~LNIAt. MAlUNGADDRESS: lO~q ~\ArV~~E. j) atJ~~ PHONE NUMBER: ~1-LJ.4J.- oc:f77 FAX NUMBER: 1\)/ A AGENT NAME: MAlUNG ADDRESS: PHONE NUMBER: FAX NUMBER: B. APPEAL INFORMAnON CHECK THE SPECIFIC APPEAL: ADDeaIs to the 01mnaInIl'I Dew' ~ 80ImI o 0nIeI8, ......Ib. ~..<< dl6a...... mme by.. ~.. oftldlII in theam.lll..aIIoI. f6the Comrru\ily D8o. !1l4M'oMI Code, a:ept far ........ actions o Ad!,l*........InIe......... 01 the Cammunlly De\IeIopftIlelIl Code o Level One (FJedIII standanI DweIDplllld lUld MInimum stalrdl.d) appnMII dedsIons o Denials of 8If'I pennI or license issued lDIer the pnwIslons of the Cammunlly De\. 1~.1eI1t Code o ArrJ denIaIB deemed to haw! occurred as resuII 01 the faIIl.n of U. Corm1unIly Del. I'.,. Cuu.di...1D act wIhn the time IimII:s prvvided In this CCln1nu1lly De\.Blt'1pme111Code 10- 7-04,10 55AM,Offlclal R~rords ,95624086 # 1/ Aleals to a hBBma oMcer 'i Oeaslons ofUle CommunJly Development Board regardl1lg Level Two approvals o DecislOllS of the Communlly Development Board regarding leveL 0[; approvals o OTHER (as alloWed by Code) -~. 192i-Edgewater Dnve Clearwater, FL 33755 ADDRESS OF SUBJECT APPEAL (If applicable) DATE OF DECISION SPECIFIC CASE NUMBER TO BE APPEALED (It applicable) July 20, 2004 FLD2003-09050 ,. I I I 1 -l C. BASIS OF APPEAL. Explain In detail the baSIS for the appeal Use additIOnal sheets If necessary 1 The decisIOn misconstrued or incorrect! y interpreted the, provisions of this development code. "; That the dec.ISIon 15 not in harmony With the general intent and pwpose of this development code 3. The decision IS detnmental to the pubhc health, safety and general welfare. 4 The decisIon of the community development board cannot be sustamed by the eVIdence before t1-< hoard, and the decisIOn of the board departs from the essential requirements of law. D. SIGNATURE: I, the undersigned. acknowledge that aU representations made In thIS appltcatlon are true and accurate to the best of my knowledge STATE OF FLORIDA. COUNTY OF PINEllAS ) ~ ..... .1"" ... ~ "'" of A 2D 0 f1' to me and/or by ~ ~'J who Is personally known has produced "/ ,)...b as identlf1cabon ~~Q~Qucil SIg ure owner representatIVe S 'Plannmg DeparlmenMppJlCatJon Forma~t fflvrew\Appeel AppIIcaIIon 2002 doc y / State of Florida D, ! ~sion of Administrative Heallngs \'1 L S Ec:\~w.J:>\ It)~ t Jeb Bush Governor Robert S. tohen Director and Chief Judge Ann Cole Clerk of the DIvIsIOn Harry L. Hooper Deputy Chief Administrative Law Judge Steven Scott Stephens Deputy Chief Judge Judges of Compensation Chums November 23, 2004 , , Cynthia Goudeau, City Clerk Clty of Clearwater Post Office Box 1100 Clearwater, Florida 33758-4748 NOV 2 S 2Q04 ;- Re: MARY KATE BELNIAK vs. TOP FLIGHT DEVELOPMENT, LLC, and CITY OF CLEARWATER, DOAR Case No. 04-2953 Dear Ms. Goudeau: Enclosed is my Final Order in the referenced case. Also enclosed is the Record-on-Appeal previously forwarded to the Division of Administrative Hearings. Copies of this letter will serve to notify the parties that my Final Order and the Record- on-Appeal have been transmitted this date. Sincerely, \ ~~(Lar~ DOt\fALD R. ALEXANDER Ad~inistrative Law Judge DRA/rg \~~NE'C\ ~~C~\(~~ ' , 1\ l 1~\}~ \.yc. \.. \J ~-}j\;:~\ \ r-.:, AJ'" -.I ~~ 'U ~ ~-<_':;, ~ .. . . ,^ " r t ~ ~\f'"~ J' .; If" ~.:)~ f\ ',~ ..; ';.'\.i ~ 1 t "- _~ ... J --"/. (\" ..J- \ ' Enclosures cc: Leslie K. Dougall-Sides, Esquire Alan S. Zlmmet, Esquire Darryl R. Richards, Esqulre The DeSoto BUlldmg, 1230 Apalachee Parkway, Tallahassee, Flonda 32399-3060 AdmInistratIve Law (850) 488-9675 * SUNCOM 278-9675 * Fax FIlIng (850) 921-6847 FAX SUNCOM 291-6847 * Judges of CompensatIon ClaIms (850) 487-1911 www doah state fl us STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS MARY KATE BELNIAK, ) Appellant, ) VS . ) Case No. 04-2953 TOP FLIGHT DEVELOPMENT, LLC, ) and CITY OF CLEARWATER, ) Appellees, ) FINAL ORDER Appellant, Mary Kate Belniak, seeks review of a Development Order (DO) rendered by the City of Clearwater Community Development Board (Board) on July 26, 2004 . The Division of Administrative Hearings (DOAH) , by contract, and pursuant to Article 4, Division 5, Section 4-505 of the Community Development Code (Code) , has jurisdiction to consider this appeal . Oral argument was presented by the parties on October 11, 2004, in Clearwater, Florida. Appellant and Appellees, Top Flight Development, LLC (Top Flight) and City of Clearwater (City) , have submitted Proposed Final Orders . STATEMENT OF THE ISSUE The issue is whether to approve, approve with conditions, or deny Top Flight ' s development application approved by the Board on July 26, 2004 . That decision approved a Flexible Development application to permit a reduction on the side (east) setback from 10 feet to 5 . 85 feet (to pavement) and an increase of building height from 35 feet to 59 feet from base flood elevation of 13 feet MSL (with height calculated to the midpoint of the roof slope) in association with the construction of 62 multi-family residential (attached) units at 1925 Edgewater Drive, Clearwater, Florida. PRELIMINARY STATEMENT This matter began on September 25, 2003, when Top Flight filed a Flexible Development application with the City seeking approval of a site plan which increased the building height (from 50 to 75 feet) of a seven-story condominium (including covered parking) to be constructed on a 2 . 572-acre site at 1925 Edgewater Drive, Clearwater, Florida. The application was scheduled for consideration by the Board at meetings conducted on March 16, April 20, May 18, and July 20, 2004, and approval was given at the meeting on July 20, 2004 . At that meeting, testimony and statements were given by Michael H. Reynolds, a City Planner III; Robert Aude, an architect employed by Top Flight; four property owners who were given party status and opposed the application: Appellant, Tracy Spikes, Dean Falk, and Richard Mabee; four individuals who supported the application; and fifteen individuals who opposed the application. On July 26, 2004, a DO was rendered memorializing 2 the Board' s action and approving the application with certain modifications to the original design and subject to eighteen conditions . Under Article 4, Division 5, Section 4-505 of the Code, a decision by the Board may be appealed to a hearing officer (administrative law judge) . On August 3, 2004, Appellant, who resides near the project site, filed her Appeal Application seeking to overturn the decision. Borrowing from language in Sections 4-504 .0 and 4-505 .0 of the Code, Appellant contended that the decision misconstrued or incorrectly interpreted the provisions of the Code; that the decision is not in harmony with the general intent and purpose of the Code; that the decision is detrimental to the public health, safety, and general welfare; that the decision cannot be sustained by the evidence before the Board; and that the decision departs from the essential requirements of the law. Because Section 4-505 .C, and not Section 4-504 .C, governs this appeal, only the last two grounds are relevant. As later clarified by her counsel, Appellant contends that she was not afforded procedural due process in several respects and that the Board committed errors so fundamental as to render approval of the project void. She also contends that there is no evidence to support the Board' s decision. As further clarified by counsel, Appellant is concerned only with the proposed height of the condominium. 3 On August 19, 2004, the Appeal Application, along with the Record-on-Appeal, was referred by the City to DOAH with a request that an administrative law judge serve as a hearing officer on the appeal . By Order dated October 11, 2004, Appellant ' s unopposed Motion to Supplement Record was granted, and the videotapes of the four Board meetings and an exhibit submitted by Appellant at the meeting on July 20, 2004, were made a part of the record. Pursuant to a Notice issued on August 31, 2004, oral argument on the appeal was heard on October 11, 2004, in Clearwater, Florida. Appellant and Appellees participated in the oral argument and were represented by counsel . Although three other individuals had been given party status by the Board, except for Appellant, none requested the right to participate in this appeal . At the hearing, the Record-on- Appeal was received in evidence. On October 29 and 31 and November 4, 2004, respectively, the City, Appellant, and Top Flight filed Proposed Final Orders which have been considered by the undersigned in the preparation of this Final Order. In addition, Top Flight has filed a copy of the Transcript of the Board' s July 20, 2004, meeting. Transcripts of the other meetings were not provided. However, videotapes of those meetings (without a transcription) have been made a part of this record. 4 Finally, even though this matter is an appeal of a Level Two decision, which requires that the undersigned sit in an appellate review capacity, Section 4-505 . D requires that " [t] he decision of the hearing officer shall include findings of fact, conclusions of law, and a determination approving, approving with conditions, or denying the requested development application. " Notwithstanding this incongruity, in accordance with that requirement, the Final Order has been prepared in that format. FINDINGS OF FACT 1 . On September 25, 2003, Top Flight filed a Flexible Development Application for Level Two approval of a comprehensive infill for redevelopment of properties located on the southeast corner of the intersection of Sunnydale Drive and Edgewater Drive and just north of Sunset Pointe Road in Clearwater, Florida. A Comfort Suites motel is just north of the property, while a Chevron gasoline station sits on the south side . The property is located within the Tourist zoning district, which allows condominiums as a permitted use . The project, as originally proposed, involved the construction of a seventy-seven unit, seven-story (including covered parking) , luxury condominium on a 2 . 572-acre tract of land now occupied by 32 motel units and 9 rental apartments with ancillary structures, which the developer intends to raze . 5 2 . The original application requested a deviation from the requirement in the Code that structures in the Tourist zoning district not exceed 35 feet in height. Under flexible development standards for that zoning district, however, a structure may be built to a maximum height of between 35 and 100 feet. (Although the City staff is authorized to approve requests for a deviation up to a maximum height of 50 feet without a hearing, Top Flight was requesting a flexible deviation to allow the building to be constructed an additional 25 feet, or to a height of 75 feet. This was still less than the 100 feet allowed under flexible development standards . ) 3 . On December 24, 2003, Top Flight filed a second application which amended its earlier application by seeking a reduction of the front yard setback on Sunnydale Drive from 25 feet to 17 feet to allow the placement of balcony support columns within the setbacks . Without a deviation, the Code requires a minimum 25-foot front yard setback. The second application continued to seek a deviation in height standards to 75 feet . 4 . Because of staff concerns, on February 5, 2004, Top Flight filed a third Flexible Development application for the purpose of amending its earlier applications . The matter was placed on the agenda for the March 16, 2004, meeting of the Board. 6 5 . At the meeting on March 16, 2004, the City' s staff recommended that certain changes in the design of the building be made . In order to make these suggested changes, Top Flight requested that the matter be continued to a later date . That request was granted, and the matter was placed on the agenda for the April 20, 2004, meeting. 6 . At the April 20, 2004, meeting, Board members again expressed concern over the height of the building, the lack of stair stepping, and the bulk, density, and height. Because of these concerns, Top Flight requested, and was granted, a 90-day continuance to address these concerns . Appellant, who was present at that meeting, did not object to this request. The matter was then placed on the agenda for May 18, 2004, but because of a notice problem, it was continued to the July 20, 2004, meeting. 7 . During the April 20, 2004, meeting, the Board allowed Top Flight ' s architect, Mr. Aude, and a City Planner III, Mr. Reynolds, to make their presentations prior to asking if any persons wished party status . (Section 4-206 . D. 3 .b. provides that, as a preliminary matter, the chair of the Board shall "inquire of those attending the hearing if there is any person who wishes to seek party status . ") Mr. Reynolds was not sworn, even though Section 4-206 . D. 3 .d requires that all "witnesses shall be sworn. " After the presentations by Mr. Aude and 7 Mr. Reynolds, Appellant was given party status . Therefore, Appellant could not cross-examine the two witnesses immediately after they testified. However, Appellant did not request the right to examine those witnesses nor did she lodge an objection to the procedure followed by the Board. Also, assuming that Mr. Aude and Mr. Reynolds were treated as experts by the Board, there is no indication that either witness submitted a resume at the hearing. (Section 4-206 . D. 5 .a. requires that " [a] ny expert witness testifying shall submit a resume for the record before or during the public hearing. ") However, no objection to this error in procedure was made by any person, including Appellant. 8 . Based on the concerns of staff and Board members at the April 20, 2004, meeting, and to accommodate objections lodged by nearby residents, Top Flight modified its site plan by reducing the height of the building from 75 to 59 feet (which in turn reduced the height of the building from six stories over parking to four) and increasing the number of parking spaces . Other changes during the lengthy review process included decreasing the side (rather than the front) setback from a minimum of 10 feet to 5 . 85 feet and preserving two large oak trees on the property. The proposed height was significantly less than the maximum allowed height in the Tourist district (100 feet) , and the proposed density of 59 units was also considerably less than the maximum allowed density on the property (30 units per acre, 8 or a total of 77 on the 2 . 57-acre tract) . The application, as amended, was presented in this form at the July 20 meeting. Documents supporting the various changes were filed by Mr. Aude in February, March, April, May, and June 2004, and are a part of the record. 9 . At the hearing on July 20, 2004, Mr. Reynolds and Mr. Aude again testified in support of the application, as amended. The staff report prepared by Mr. Reynolds was made a part of the record. (Section 4-206 .G provides that the record shall consist of, among other things, "all applications, exhibits and papers submitted in any proceeding. ") The report found that "all applicable Code requirements and criteria including but not limited to General Applicability criteria (Section 3-913) and the flexibility criteria for attached units (Section 2-803 .B) have been met. " The Board accepted this evidence as the most persuasive on the issue . The Board further accepted the testimony of Mr. Aude, and a determination in the staff report, that the project would be compatible with the character of the neighborhood. In doing so, it implicitly rejected the testimony of Appellant, and other individuals, that the height of the building was inconsistent with the character of the neighborhood. Finally, the Board accepted Mr. Reynolds ' recommendation that the application should be approved, subject to eighteen conditions . The vote was 4-2 for approval . 9 10 . During the July 20, 2004, meeting, Mr. Reynolds was cross-examined by another party, Mr. Falk. Although given the right to do so, Appellant did not question the witness . All parties, including Appellant, were given the opportunity to cross-examine Mr. Aude, but none sought to do so. The parties were also given the opportunity to ask questions of Top Flight ' s counsel, who gave argument (but not evidence) on behalf of his client . Although members of the public, and Appellant, were limited in the amount of time allowed for statements to three minutes, all persons who gave testimony or made statements that day, including Appellees, were urged by the chair to limit their remarks . Finally, Top Flight ' s counsel was allowed to make a closing argument at the meeting, at which time he used a demonstrative exhibit (a "chart" containing the names of area residents who supported the project) , which was shown to Board members . (The same information can be found in the City files, which are a part of this record and contain correspondence from numerous area residents, some supporting, and others opposing, the project. ) Although Appellant was not shown a copy of the document, the record does not show that she objected to the use of a demonstrative exhibit, or that she requested to see a copy. 11 . Mr. J. B. Johnson was appointed to the Board sometime after the April 20, 2004, meeting. At the July 20, 2004, 10 meeting, he made the following statement concerning Top Flight ' s application: I can ' t speak for everybody here . Some people have lived here a short period of time . In view of every word that I have heard, every word that I have read, and I 've been keeping up with this for several months because several months ago I had telephone calls from your area . I don ' t know how you could satisfy everybody. It ' s impossible, but I do know this, this is a great project. One that would be good for the City. One for the area, good for the area and I will support this . Appellant has not cited to any evidence showing that Mr. Johnson did not review the record of the prior meetings or the application file before he cast his vote . Further, Appellant did not object to Mr. Johnson ' s participation. 12 . On July 26, 2004, the Board entered its DO memorializing the action taken on July 20, 2004, which approved Top Flight ' s application. In the DO, the Board made the following findings/conclusions supporting its decision: 1 . The proposal complies with the Flexible Development criteria per Section 2-803 .B 2 . The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913 . 3 . The development is compatible with the surrounding area and will enhance other redevelopment efforts . 11 13 . The decision also included 18 Conditions of Approval and a requirement that an application for a building permit be made no later than July 20, 2005 . 14 . On August 3, 2004, Appellant filed her Appeal Application seeking a review of the Board' s decision. The Appeal Application set out two relevant grounds (without any further specificity) : that the Board' s decision was not supported by the evidence, and that the Board departed from the essential requirements of the law. On August 19, 2004, the City referred the Appeal Application to DOAH. The specific grounds were not disclosed until Appellant presented oral argument and filed her Proposed Final Order .' CONCLUSIONS OF LAW 15 . The Division of Administrative Hearings has jurisdiction over the subject matter of this proceeding and of the parties pursuant to Article 4, Division 5, Section 4-505 of the Code . Under that provision, the hearing officer may approve, approve with conditions, or deny the requested development application. The appeal process is described in more specificity in subsections B. , C. , and D. of the section as follows : B. At the hearing, the record before the community development board shall be received by the hearing officer. Additionally, oral argument may be presented by the appellant, applicant, city, and any 12 other person granted party status by the community development board. C. The burden shall be upon the appellant to show that the decision of the community development board cannot be sustained by the evidence before the board, or that the decision of the board departs from the essential requirements of law. D. The persons entitled to present oral argument as set forth in subsection B. above may submit proposed final orders to the hearing officer within 20 days of the hearing. The hearing officer shall render a decision within 45 days of the hearing. The decision of the hearing officer shall include findings of fact, conclusions of law, and a determination approving, approving with conditions, or denying the requested development application. 16 . While Section 4-505 .0 of the Code simply requires that the Board' s decision be sustained by "the evidence, " as opposed to "competent substantial evidence, " the discussion of that term by the court in Degroot v. Sheffield, 95 So. 2d 912, 915 (Fla. 1957) , is helpful . See Sobeleski v. City of Clearwater and Mariani , DOAH Case No. 02-3637 (DOAH Jan. 13, 2003) . In Degroot, the court discussed the meaning of "competent substantial evidence" as follows : We have used the term "competent substantial evidence" advisedly. Substantial evidence has been described as such evidence as will establish a substantial basis of fact from which the fact at issue can be reasonably inferred. We have stated it to be such relevant evidence as a reasonable mind would accept as adequate to support a conclusion. . . . In employing the adjective "competent" 13 to modify the word "substantial" we are aware of the familiar rule that in administrative proceedings the formalities and the introduction of testimony common to the courts of justice are not strictly employed. . . . We are of the view, however, that the evidence relied upon to sustain the ultimate findings should be sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached. To this extent, the "substantial" evidence should also be "competent. " (While Section 4-206 . D. 4 provides that " [t] he burden of proof is upon the applicant [at the quasi-judicial Board hearing] to show by substantial competent evidence that he is entitled to the approval requested, " this provision is referring to the standard of proof at the hearing and not the standard of review for appeals under Section 4-505 . ) 17 . A hearing officer acting in his or her appellate review capacity is without authority to reweigh conflicting testimony presented to the Board or to substitute his or her judgment for that of the Board on the issue of credibility of witnesses . See Haines City Community Development v. Heggs , 658 So. 2d 523, 530 (Fla. 1995) . 18 . The issue of whether the Board' s decision "depart [ed] from the essential requirements of the law" is synonymous with whether the Board "applied the correct law. " Id. at 530 . Therefore, contentions that procedural due process violations have occurred during the Board' s review and hearing process must 14 be raised in another forum. This is because appeals from the Board are limited by the Code to a two-part review - whether the Board' s decision can be sustained by the evidence, and whether the decision of the Board departed from the essential requirements of the law, that is, whether the Board applied the correct law. § 4-505 . D. Moreover, the decision here is considered the final administrative action of the Board and is "subject to judicial review by common law certiorari to the circuit court. " Id. Circuit court review of an administrative agency decision is governed by a three-part standard of review, including "whether procedural due process is accorded. " Haines City, 650 So. 2d at 530 . Therefore, a contention that procedural due process was not accorded Appellant should be presented to the circuit court. 19 . Finally, the question on appeal is not whether the record contains evidence supporting the view of Appellant; rather, the question is whether the evidence supports the findings (both implicit and explicit) made in the Board' s decision . Collier Medical Center, Inc. v. Department of Health and Rehabilitative Services , 462 So. 2d 83, 85 (Fla. 1st DCA 1985) . 20 . As clarified by counsel at the oral argument and later in his Proposed Final Order, but not stated in the Appeal Application filed with the Board, Appellant contends that a 15 number of due process violations allegedly occurred, either at the April 20 or July 20 meetings, or both. They include allegations that the Board gave Appellant only three minutes to speak; that party status was given Appellant at the April 20 meeting only after the presentation of evidence by the Board and Top Flight; that the Board failed to disclose an ex parte statement (a demonstrative exhibit) submitted by Top Flight ' s counsel at the July 20 hearing, as required by Section 4- 206 . D. 2 . c. ; that one witness (Mr. Reynolds) was not sworn prior to testifying, as required by Section 4-206 . D. 3 . d. ; that two experts (Mr . Reynolds and Mr. Aude) did not submit resumes at either meeting, as required by Section 4-206 . D. 5 .a. ; and that at the April 20 meeting parties were not allowed to cross-examine all witnesses or to present evidence, as allowed by Section 4- 206 . D. 5 . Appellant also asserts that the DO did not contain findings of fact and conclusions of law, as required by Section 4-206. D. 6, and that one member of the Board, Mr. J. B . Johnson, who voted in favor of the project, was appointed to the Board after the April 20, 2004, meeting and did not hear the testimony and statements made during earlier meetings . For the reasons previously stated, these contentions should be addressed to a circuit court, if Appellant chooses to do so. 2 21 . While characterized as a due process violation, Appellant ' s contention that the DO fails to include findings of 16 fact and conclusions of law, as required by Section 4-206 . D. 6 .a. and b. , is more likely a contention that the decision of the Board constitutes a departure from the essential requirements of the law. As to this claim, the DO contains a mixture of findings of fact and/or conclusions of law, albeit bare-bones, which arguably satisfy the Code requirement that a Level Two decision be in writing and that it contain "findings of fact in regard to any questions of fact presented during the proceedings, " "conclusions of law in regard to any applicable provisions of the comprehensive plan and the community development code, " and " [a] pproval or approval with conditions . " See § 4-206 . D. 6 . a. -c. (The cited section does not require any more specificity than that enumerated above . ) 22 . Appellant also contends that "Top Flight did not provide substantially competent evidence to support the Board' s decision. " To sustain this contention, there must be no evidence in the record to support the DO. The staff report accepted by the Board as being persuasive on the issue concluded that the application was consistent with all flexible development criteria in Section 2-803 .B, which contains the standards and criteria that must be met in order to approve an application. It also found that the proposal was in compliance with all other standards in the Code, including the general applicability criteria in Section 2-913 . (That section contains 17 the general standards for Level One and Level Two approval conditions and applies only to conditions attached to the approval . ) Finally, the report found that the development was compatible with the surrounding area and would enhance other redevelopment efforts . While there may have been conflicting evidence on some of these issues, the Board resolved these conflicts in favor of Top Flight. Therefore, Appellant has failed to show that the decision "cannot be sustained by the evidence before the [B] oard. " § 4-505 .C. DECISION Based on the foregoing Findings of Fact and Conclusions of Law, the Community Development Board' s Development Order rendered on July 26, 2004, is AFFIRMED. DONE AND ORDERED this 23rd day of November, 2004, in Tallahassee, Leon County, Florida. 2 7�� DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah. state . fl .us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of November, 2004 . 18 ENDNOTES 1/ Section 4-502 .B requires that appeals of all applications other than Level One approval shall be "filed with the city clerk in a form specified by the community development coordinator identifying with specificity the basis for the appeal . " (Emphasis added) . Assuming that this provision applies to the instant appeal, Appellant failed to comply with these requirements . 2/ Even assuming arguendo that due process contentions are cognizable in this forum or that they constitute a departure "from the essential requirements of the law, " the alleged procedural errors still do not rise to a level that would warrant denying the application or remanding the proceeding to the Board to conduct another hearing. More importantly, the record does not show that Appellant, or any other person or party, objected to any ruling by the chair or requested that the Board enforce a particular procedural requirement. See, e .g. , Castor v. State, 365 So. 2d 701, 703 (Fla. 1978) (a contemporaneous motion or objection is required so that the trial court (administrative board) has an opportunity to correct an alleged error) . Therefore, if any errors in procedure did occur, they have been waived by Appellant. Compare City of Jacksonville v. Huffman, 764 So. 2d 695 (Fla. 1st DCA 2000) . In addition, the errors that Appellant complains of appear to be de minimus in nature and did not affect the fairness of the proceeding. For example, the fact that Appellant may have been given three minutes to testify, while a City Planner and architect were given five minutes each, or that two witnesses, one of whom is a City Planner and presumably well-known to Board members, did not submit formal resumes, do not appear to be so material as to affect the outcome of this proceeding. (In fact, the record shows that nineteen persons were allowed to testify in opposition to the project at the July 20 meeting, while only six, including Mr. Reynolds and Mr. Aude, appeared in support of the project; thus, the total time allotted the opponents exceeded that of the proponents . ) Likewise, Appellant has failed to demonstrate that Mr. Johnson did not review the entire file before voting at the July 20 meeting, and Appellant did not object to his participation. The record also shows that Appellant did not object to the Board allowing two proponents to give testimony at the April 20 meeting before granting her party status . Indeed, the videotape of that meeting reflects that Board counsel advised the chair that any person given party status after the two witnesses testified would have the right "to conduct cross-examination of the persons who previously testified. " Appellant apparently chose not to do so. 19 At the July 20 meeting, the same two persons testified concerning the final amended version of the application, which was ultimately approved, and Appellant was given the opportunity to cross-examine those witnesses . Next, even if the testimony of Mr. Reynolds is ignored because he was not sworn, his staff report would still remain a part of the record and continue to form a basis for the Board' s decision. Finally, the "ex parte" communication seen by the Board members (a demonstrative exhibit) during the July 20 meeting appears to be nothing more than a list of area residents who supported the application and merely duplicated information already found in the City files . COPIES FURNISHED: Alan S . Zimmet, Esquire Zimmet, Unice, Salzman, Heyman & Jardine, P.A. 2570 Coral Landings Boulevard, Suite 201 Palm Harbor, Florida 34684-5123 Leslie K. Dougall-Sides, Esquire City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Darryl R. Richards, Esquire Johnson, Pope, Bokor, Ruppel & Burns, P.A. Post Office Box 1100 Tampa, Florida 33757-1368 Cynthia Goudeau, City Clerk City of Clearwater Post Office Box 1100 Clearwater, Florida 33758-4748 NOTICE OF RIGHT TO JUDICIAL REVIEW Pursuant to Article 4, Division 5, Section 4-505 . D of the Code, this decision shall be final, subject to judicial review by common law certiorari to the circuit court . 20 , ' . CONTAa us: a1ivery: 895-1181 ~ews phone: 446-6397 News fax: 445-4119 Mon-Fri: 9 a.m. to 7:30 p.m. Sat-Sun: 9 a.m. to 1 p.m Bye-mail: northpin@sptimes.com R IMES AN EDITION OF THE ~J1ttt"burgmmt. TUESDAY. OCTOBER 12,2004 Lawyers present condos debate I .. During a two-hour hearing, ajudge Ustens to the two sides that have argued for months over the height and number of units in a proposed development on Edgewater Drive. dy MEGAN SCOTT nmea Staff Writer CLEARWATER - Judge Donald Alexander came from Tallahassee to hear the arguments. Now he has 45 days to decide whether a 59-foot condominium complex will be built on Edgewater Drive. It won't if it is up to Kate Belniak, who has hired an attorney to challenge the Community Develop- ment Board's decision allowing the condos. The board approved the project in July with a 4-2 vote. During a two-hour hearing on Monday, attorney Alan Zimmet presented several arguments against the project The condos are too tall for the neighbor- hood of single-family homes, Belniak only had three minutes to speak at the previous hearings, and no one was allowed to question the developers. He also said one board member was not at all of the hearings and therefore could not make a sound decision. 1.B. Johnson was appointed to the board between meetings in April and July. On Monday, Zimmet asked the judge to throw the decision out "Send it back, vacate the decision, have another hearing," he said. "I would say.Mr. Johnson sh~)Uld be excluded from voting. He rmssed out on testimo- nies." But the developers had their own attorney. Darryl Richards, who represents Top Flight Development, told the judge that his client has tried ' to work with residents. The developers had original- ly proposed 7~foot condos but reduced that height to 59 feeL They also knocked off two floors, added three parking spaces and decreased the number of units Please see CCJM)08 Page 4 County cuts .back on Eagle Lake Park plans . The revised proposal calls for less paving and building, as some -members of the public requested. By NICK COLLINS nmn Staff Wrlt.r LARGO - Pinellas County planners have scaled back a development proposal for Eagle Lake Park after hearing the concerns of more than 500 citi- zens, many of whom want the park's 157 acres kept in a na~ural state. , The revised proposal calls for fewer shelters, restrooms and parking spaces than in earlier plans. "Ifs good to hear that they cut back on the amount of development they had planned," said Ellen Pfau, conservation chairwoman for the Clear- water Audubon Society. "We would like to see the habitat as protected as could be . . . to be as natural as possible." County commissioners are scheduled to hear from their constituents again today at a 9:30 a.m. work session when they will evaluate a plan for the Please see PARK Page 2 School bus routes scrutinized , n.... photo - KAT1tLEEN R. YNN Rebecca McKinney's mother, Sally, gives Rebecca's brother, Doug, a hug during 8 candlelight vigil across the street from where she was struck by a pickup after trying to cross McMullen-Booth Road on Friday. "Swim your heart out for Becky," Sally said to one of Rebecca's friends. Rebecca was a member of Clearwater High's swim team. Source: ESRI. GDT School bus traffic mles On a two-way street or highway: ' All drivers moving In either direction must stop for a stopped school bus which is picking up or dropping off children. You must remain stopped until all children are clear of the roadway and the bus signal has been withdrawn. If the highway Is divided by a raised barrier or an unpaved median at I..st five feet wide: You do not have to stop If you are moving In the opposite direction of the bus. Painted lines or pavement markings are not considered to be barriers. If you are moving In the same direction as the bus you must always stop- and not go forward until the bus stop signal rs withdrawn. . District officials are trying to :find other stops where students are forced to cross busy multiple-lane highways. Rebecca McKinney died Sunday of injuries she suf- fered when a pickup hit her friday. The Clearwater High junior was trying to cross McMullen-Sooth Road's six lanes frbm her sch<?O' bus stop. . Vehicles . permitted to keep moving By ROBERT FARLEY 11mn Stall Wttt.r . " 'I.,' :-.,'~':.~,. " . .' ' : .' . ' " CLEARWATER -' For years, Rebecca ..~s,:iJdlGolGu$dropped.,her on the .east side of McMullen-Booth Road. And every school afternoon, she darted across the busy, six-lane highway to get home. On Friday afternoon, as she and her sister tried to cross the road, she was strock by a pickup headed southbound. The 16-year-old Clearwater High School junior died ~unday. The accident has left Pinellas school officials investigating how she came to be assigned to a bus stop that required her to cross six lanes of traffic at a spot that sees 70,000 vehicles each day but doesn't have a traffit signal. . . According to the school district's trans- portation policy, students should not be dropped at stops that require them to cross multiple-lane highways, district spokes- man Ron Stone said. J :').", ~ . \ : McKinney's grandmother, Betsy Ger- ~.sah'J,t,fonday that Rebecca1s mother Sally complained to school officials for years about the bus stop to no avail. "She has complained so many times that the transportation department knows her by her first name," Gerhard said. Debbie Hembrey, a longtime family friend of the McKinneys, said Rebecca had been dropped at that location just south of Ruth Eckerd Hall since sixth grade. "She (Rebecca's mother) had constant- lyasked for that bus stop to be moved," she said. ''They wouldn't move it They kept saying, 'It is where it is.' " Maybe McKinney didn't fill out the right fonns, Hembrey said, "but she called and called and called." Neither Hembrey nor Gerhard said they knew whether Rebecca's mother had Please see ACCIDENT Page 3 no. photo- DOOOLA8 R. aJFFOfI) A Pinellas County school bus carries students from Clearwater High School and prepares to nme. gl'llphlc - STEVE MADDEN turn at San Bernardino Street on Monday. Pinellas buses 47,000 students a day. 1 - ~ . . - I~- - . ~ _.. '.,y)r.. ..~__._ Source: The Florida Driver Handbook 1 ()..year-old wakes others during fire, calls 911 . The boy saw smoke and alerted his mother in time for everyone to flee the apartment uninjured. By MEGAN SCOTT n_ Stall Writer pher.He almost wasn't there that night Christopher's two younger sisters were staying at their grandmother's house in Safety Harbor. Christopher hadn't wanted to go, even though they were having pizza, his favorite food. "He was concerned about his mom because nonnally he follows me," said his grandmother Cora Bur- ney. "He never talks back to his mom. He stayed home Saturday night Sun- day morning the house was on fire. Please see FIRE Page 3 , );~ ~:; .';,: , .. ~' " smoke. He tried to flip the light switch 25, broke a window and helped them on so he could see. Then he ran crawl out. Christopher went to a across the hall to his mother's room neighbor's house to call 911. Then and banged on the door: they watched as their three-bedroom "Mommy, the house is on tire," he apartment burst into flames. cried. ''We saw flames on the wall behind "I actually saw the flames," said the television coming up toward the Christopher, a fifth-grader at McMul- ceiling," said Dorsey, 26, who works len-Booth Elem,entary School. "I at the National Foundation for Debt CLEARWATER - Christopher thought that I was going to die." Management "It was coming out of Turner usually wakes up about every Martha Dorsey, who is three the windows. It was traumatic." no.photo-DOUOI.ASR.CUFFOfI) four hours. months pregnant, opened her bed- The tire ravaged the three-bed- "stopher Turner sits outside the Jasmine Courts apartment Then he goes back to sleep. room door, grabbed her son Chris- room apartment in Jasmine Courts va he lived until a fire early Sunday woke him. He alerted But when the 1(}.year-old opened topher's arm and pulled him inside. and spread to the unit next door. No \ 'other and called 911 from a neighbor's house. his eyes at 2 a.m. Sunday, he saw Her boyfriend, Anwar Richardson, one was injured, thanks to Christo- ',;;j~"'.e>!:~~*,~"'.t!'?';:';"",,'~$;,~IIiiIIJtli.~~~;ill:.I;t'~~~;""'~\7'<'t!<Jl$"',I;~~-~,-,-;;ffl,I~""""~~t,",:,,,,,,,;;.ad!,",,,,,,~~-.c;.i:JJi"""'~"?"'i~;WMr!ll(~;Mf',>t,"';~'il1 , . '. ~~n~~.~-,,~ii'SJJM~,'l.fioV;,1l:'~..n'.~~~l',"~'I"~~', ~~~~~Y'~~~~ ,..", ~ ,'i:~i~~~" 2 TIMES. TUESDAY. OCTOBER 12. 2004 CLW '~" OPINION ) EDITORIAL LETTERS to the city? No. Would it acc~t a sales price determined by an appraiser, 578,000, for the building? No. Would the club be willing to hold its meetings and bingo games in a new city rec center instead? No. The city agreed to build a meeting room in the new library that the Civic Club could use. But each time there seemed to be an agreement about that, the Civic Club would change its mind or make new requests. F'mally, the club offered 19 demands that the city would have to meet The City Council, with a gulp, met the de- mands, agreeing even to grovisions such as a $250,000 penalty if the city ever violated any part of the agreement Then the club added several more demands, including a provision for a mop sink for club use in the new library. The City Council, desperate to meet an April deadline for a state grant to help build the library, said yes to everything. But the Civic Club said no. So the City Council, convinced that the Civic Club had not been negotiating in good faith, decided last. week to resort to an eminent d~ main lawsuit It is difficult to fathom the Civic Club's strategy. If it wins the lawsuit, it will retain a building that it can't keep up and lose the friendly relations it has had with the city. In addition, the taxpayers of Oldsmar, includ- ing club members, will have to pay the bills for the lawsuit and the delay might cost the city a state library grant And the city still won't have a new library. If the city ~s, it will get the old clubhouse, but it will have paid a high price for it in dollars, staff time and image. And because eminent domain proceedings can drag on, the city might lose the state grant anyway. While all this has been going on, other cities . in Pinellas have been building beautiful new libraries for their residents - institutions that will serve as centers for community life and learning for decades to come. If Oldsmar resi- dents would one day like to see a new library like that on St Petersburg Drive, they need to speak up and attempt to influence their neighbors, the members of the Oldsmar Civic Club, to contrib- ute their clubhouse to that great cause. School bus stops can be dangerous Library. could be casualty of Oldsmar-club dispute Oldsmar city government and a longtime civic group seem destined for a court battle that will have no winners. Oldsmar residents, who have taken little notice of the fight between the city and the Oldsmar Civic Club, ought to get involved now. Why? Because they will be among the losers no matter which side wins if this case goes to court. Last week Oldsmar City Council members threw up their hands and directed the city attorney to proceed with filing an eminent d~ main case against the Civic Club. The fight is over the Civic Club's old clubhouse on the comer of St Petersburg Drive and Dartmouth Avenue. The Civic Club once owned both the club- house and 5 acres surrounding it However, as the club's membership declined and aged, the group couldn't keep up the property. So in 1994 the club donated the land to the city, which had been looking for property where it could build a cultural center someday, and also leased the clubhouse to the city for use as a temporary cultural center. The city renovated the clubhouse and took over all maintenance of the property. The Civic Club, which has about 30 members, retained the right to use the clubhouse for its monthly meet- ings and twice-a-week bingo games. Then, in 1999, an exterior wall of the Olds- mar Public library bowed, and structural ex- perts who examined the 1920s-era building found numerous signs of deterioration. Clearly, a new library would have to be built, not only because the building was falling apart, but be- cause the city's population was growing and the space would soon be outgrown. After several years of looking around for property that would be big enough and suitably located for a large public library, city officials realized that the best spot was the comer occu- pied by the Civic Club. The city immediately could have attempted eminent domain, which pennits governments to obtain privately owned property - with court approval and for a fair price - when it is needed for public use. But the city didn't do that Instead, it started negotiations with the club's leaders. Would the club be willing to donate the building Park from Page 1 park at Keene and Belleair roads on the former Taylor family citrus groves and estate. Consultants and parks officials will present a proposal for $7.7-mil- lion in improvements to the prop- erty, said Joe Lupardus, county parks and recreation operations manager. Commissioners could approve the plan or send it back to the county's staff for further research, county spokesman Len Cieci- eznski said. The proposal was put together by a team of representatives from the county Parks Department, the county Public Works Department and the Tampa office of HD R, an engineering firm. The park's main entrance was moved farther south on Keene to address ~c concerns of res~ dents from a nearby neighbor- hood, Lupardus said. The entrance would be 1,500 feet south of Belle- air Road. Three pedestrian en- trances also are proposed. Parking lots will be at least 130 feet from neighboring residences. Residel'ts had complained that the originally proposed 20-foot mini- mum might diminish their proper- ty values. One of the biggest hurdles the project faces is its $7.7-million price tag. The commissioners would need to approve an increase in the project's budget, currently $2.7-million for the next six years, if the park is to be completed any time soon, Lupardus said. The proposal for the park also features a paved 3-mile multipur- pose trail similar to the Pinellas Trail. A boardwalk around the lake also is planned, though officials .';'.. .. County candidates ' square off tonight CLEARWATER - North Pinel- las residents will have a chance to watch candidates for countywide elected offices square off in a de- bate at Countryside High School tonight The 7 p.m. debate will include candidates for sheriff, clerk of the circuit court and the District 1 and 3 seats on the Coun- ty Commission. A half-hour meet the candidates reception will start at 6:30 p.m. Countryside High School is at the corner of State Road 580 and McMullen-Booth Road in Safety Harbor. 1_, IF YOU GO Re: Teeft hit by truck dies at hospital, story, Oct 11. As a recent Pinellas County school district relief school bus driver a resigned on Sept 17); I was horrified to drive up to the accident that mortally injured 1~ year-old Rebecca McKinney on McMullen-Booth Road in Clear- water. A colleague of mine wit- neSsed the schoolgirl struck by the Chevrolet 5-10. The bus driver who dropped off the students at the stop at San Bernadino Street did everything correctly. She was able to stop traffic heading north, but be- cause the median was wider than 5 feet, could not stop ~c in the southbound lanes. I am not at all surprised this event occurred. The school dis- trict transportation department has an unwritten policy of having high school students fend for themselves. The district is far more concerned with the safety of elementary school students. With that said, if an audit was done on any number of school bus routes, it would find numer- ous stops that would be consid- ered treacherous. I personally had several stops where I felt apprehensive letting students off to cross six lanes of ~c, includ- ing ones with medians. . School bus drivers will request route/stop changes to improve safety and get denied by the rout- ing department or management Some drivers feel that they are not being heard. As a former bus driver I feel that changes need to be made. Granted, the school dis- trict has the pressure of busing more high school students. throughout the county O.e. a Tar- pon Springs student traveling to Lakewood High School), but its solution is to make the stops con- venient to the line of travel and time, often at the cost of student safety. Currently, I believe 3 percent of all bus stops would be consid- ered hazardous. As Rebecca's grandfather, Marvin Gerhard, said, "Everybody knows (McMul- len-Booth Road) is one of the most highly traveled roads in Pi- nellas County, and to have a school drop-off on the opposite side of the road is ridiculous. I think our school administrators and our transportation depart- ment need to wake up and smell the roses." Please contact the School Board and ask for changes. K8ren L Mulln. Dunedin Accident shows need for bus stop changes Re: Teen hit by truck dies at hosPital, story, Oct. 11. I am writing to express my extreme concern over the cir- cumstances surrounding the death of Rebecca McKinney. I am so blown away by the fact that a child would be allowed to get off a bus and cross six lanes of ~c with vehicles traveling 50-70 mph. How can this be? I am 46 years old and would not attempt to cross McMullen- Booth Road. If this is an ongoing event, I am amazed that there have not been many more fatali- ties of school-aged chUdren. I could rant and rave, as that is how I am feeling, but I just want to insist that someone fix this situation. There should be no time that a child should have to cross more than a two-lane road. Do whatever it takes! Please! T.... L Shepherd. Clearwater New logo says nothing of PSTA's problems Re: New logo marks PSTA mile- stone, story, Oct. 6. Oh, no! Another PR piece Pinellas County commissioners will take public comments on and consider a plan for Eagle Lake Park during their work session at 9:30 a.m. today on the fifth floor of the Pinellas County Courthouse, 315 Court St. in Clearwater. 30% to 50% OFF retail store prices! 1531 N. Missouri Ave., Largo Midwvy Shopping Cen"" (727) 585-2555 8'619 Inc. THE FIX IT PEOPLE (727) 934-0400 All tnld8smBfl with 15 years -".' or more experience (BXCfJpt onel) III EIIIIIItII..... 11& KITCHEII/BATH REMODEUIIG SMAU/MEDIUM HOME REPAIRS 'AIITI. WIIDOWS ! LIGHT FIXTURES FIlS DRYWALL REPAIR CARPEITRY I g SEWER/DRAII CLWlII MUCH MORE! Licensed Bonded Insured FINANCING AVAILABLE Not if you are one of millions with arthritis pain Dr. Raymond Petrus is seeking volunteers for a clinical research study evaluating the safety and effectiveness of an investigational medication for osteoarthritis pain. All qualified participants will receIve: ~ study-related medical care ~ study-related health assessments ~ study medication Volunteers should: ~ be 40 years of age or older ~ have been diagnosed with OA of the hip or knee at least one year ago ~ have been taking pain medication for OA, such as Percocet., oxycodone, Lortab", Vicodin", or hydrocodone AIIICHI!] Potential study volunteers should call Dr. Raymond Petrus 727-793-9500 !!SSeismg a mr,sdtrrna1 thir~py fer p:aifl through c.hf'H~al ?~ieafch n786 . I.... _ ) r! 1> YOUR VOICE COUNTS We invite readers to write letters for publication. To send a letter from your computer, go to www.sptimes.comJIetters and fill in the required information. Type your letter in the space provided on the form, then submit your letter to the appropriate section of the newspaper. If you prefer, you may instead fax your letter to us at (727) 445-4119, or mail it to Letter to the Editor, St. Petersburg Times, 710 Court St., Clearwater, FL 33756. Letters should be brief and must include the writer's name, city of residence, mailing address and phone number. Letters may be edited for clarity, taste and length. We regret that not all letters can be , printed.. about a Pinellas Suncoast Transi. Authority novelty that does abso- lutely nothing for the average bus rider. How come you never write about the needs and problems of the average passenger, like the rock 'n' roll bus 9719; or the 972I; where the destination sign never. works for more than three day~ in a row; or even the entire 9600 and 9700 series that had to have the rear destination signs turned off because of the danger of elec.; trical fires? These old clunkers are never repaired or replaced, So they will have a new logo painted on them. Who cares? , . As for handing out a few free passes, how come your reporte~ did not mention that if a neWj unused $40 bus pass is bent Oll damaged before its first use, the PSTA will not replace it? Tht! passenger has to buy another one. Your coverage of public transit in Pinellas County is so unbal- anced. It's all advertising fOIi PSTA John Royse. St. Petenburl I All New Organ Concert Season Begins ~_ UfiJ] {lliJUuiJJJJJ!f Thursday, Oct 14 - 2 PM . Friday, Oct 15 - 8 PM I _ ~t&fticr Saturday, Oct 16 - 2 PM · The Krt\RKTickets 733-5475 COMMUNnY CHURCH 2686 Bayshore (Alt 19) Dunedin, a 34698 ULTIMATE IMAGE Cosmetic Medical Centre t t ( a D. ".."", HffIIt G. ... btz!"6r M6w Lni IU. FiC.S IU. Fits. M.D. t ~ EVE (ARE UNTER have not decided whether fishing will be allowed. Other improvements include a Frisbee golf course, a dog park, an off-road bike trail, a playground and unpaved hiking paths. If the plan is adopted, the first step would be to obtain permits for construction, Lupardus said. Both federal and state agencies may be involved, as the development could affect wetland areas. Some exotic plant species, such as Brazilian pepper shrubs, also would be re- moved under the proposal. Piau and members of the Clear- water Audubon Society have ar- gued against construction that would affect the habitat of the bob- white, a small bird named for its calls. The park property is one of the few locations in the county where bobwhites live, Piau said. - Nick Collins can be reached at ncoUins@sptimes.comor(727)771-4307. ...~ lhermage' Face Lift Skin l1ghtenin Wrinkle W. '.'< <,~ Plea.. _ UI for: · Smalllndsion 111 (a1arad Surgery \j~ . Eyelid Surgery · On Site Optical · Qutpatient Surgery . Ceriter · Comprehensive Eye Exams · Glaucoma Management -.......- I............. Aalepled F,.j 1. Sell IU. t 1109 US 19, Holiday 934-5705 2770 E. Bay Dr., Largo 530-1425 8201 OBITUARIES aearwater CAMPBEu.., AlAN, 46, of Clear- water, died Wednesday (Oct. 6, 2004) at Bayfront Medical Center, St. Peters- burg. He was born in Woodbury, N.]., and came here in 1982 from New Jer- ~y. He worked 19 years as a hydraulic technician at Shiftrite Transmissions ih Dunedin. He was a Marine Corps veteran. He was a member of ABATE Bike Club. Survivors include two daughters, Crystal Matheney and Brit- timy Campbell, both of Clearwater; two ~~ns, Zachary, ~learwater, ~d Daniel, Pitman, N.].; ,hiS father, Irving Sr., St. Petersburg; a brother, Irving Jr., Dept- ford, N.].; and a grandchild. AIifeTrib- tjte FuneraICa.re, St. Petersburg. CIOFFI, ALEXANDER, 58, of Clearwater, died Monday (Oct. 11, 2004) at Sunset Point Rehabilitation Center, Clearwater. There are no known survivors. AIifeTribute Funer- alCare, St. Petersburg. COPLEY, KAREN M"N, 52, of Clearwater, died Thursday (Oct. 7, 2004) at home under the care of family and Hospice of the Flori- da Suncoast. She was born in Sewickley, Pa., and came here in 1979 from Monroe, Conn. She was a bookkeeper and founded the Broker Babes Investment Club. She was a foster parent for many years and a member of Heritage United Methodist Church at Countryside, Clearwater. Survivors include two daughters, Suz- ette Copley, St. Petersburg, and Jenni- fer Copley, Clearwater; two sisters, Janice and Joyce KetteriI:Ig, both of Hubbard, Ohio; and two granddaugh- ters. Moss-Feaster Funeral Homes. & Cremation Services, Palm Harbor Cha- pel. . GIDDENS, MARK WAN, 43, of Pine Bluff, Ark.. and formerly of Clear- water, died Thursday (Sept. 16,2004) in Pine Bluff. He was born in Mobile, Ala., and lived in Clearwater for 14 years. He was a middle school teacher and Christian. Survivors include his rather and stepmother, Benjamin and Elizabeth Giddens, Mobile; five brothers, Lawrence, Hudson, James, Mobile, TImothy and Danny, both of Clearwater. and Gary. Seminole; a sis- ter, Mary Alice Hughes, Clarkston, Mich.; and his companion, DarIa Cook, Mobile. Mobile Memorial Gardens Fu- neral Home, Mobile, Ala. JACKSON, FRED JR., 94, of Clearwater, died Sunday (Oct. 10, 2004) at a local nursing facility. He came here more than 40 years ago from his native Leesburg, and was Baptist. Survivors include a daughter, ==Phyllis Farley, Clearwater; a son, Her- E~hel Franklin, Fort Wayne, Ind.; six ~'grandchildren; and a great-grandchild. ~oody's Funeral Home, Clearwater. ~ LaLUMIERE, ANITA B., 83, of ~learwater, died Sunday (Oct. 10, O~2004) at Highland Pines Nursing Man- )or, Clearwater. She was born in Marl- ~'boro, Mass., and came here in 1986 'from Massachusetts. She was a home- inaker and Catholic. Survivors include 'Itwo daughters, Charlotte Knowlton, ~Largo, and Gayle LeShane, Spring Hill; Awo sons, Walter, Midland Park, N.J., and David. Laconia, N.H.; eight grand- children; and three great-grandchil- dren. National Cremation Society, lar- go. McKEE, CATIIERINE M., 86, of Clearwater, died Sunday (Oct. 10, 2004) at home. She came here in 1975 from her native Brooklyn, N.Y. She was a homemaker and a member of St. Cecelia Catholic Church, Clearwater. Survivors include two daughters, Elea- nor A. Macaluso, Clearwater, and Kathleen E. Cornwell, Masaryktown; a son, Francis J., New Bern, N.C.; three brothers, Harold Giles, Puerto Rico, Richard Giles, North Easton, Mass., and David Giles, Long Island, N.Y.; a sister, Edith Antes, Lake George, N.Y.; five grandchildren; and three great- grandchildren. Sylvan Abbey Funeral Home, Clearwater. PERKINS, SIDRlEY "NANA," 66, of Springville, Ala., formerly of Clearwater, died Friday (Oct. 8, 2004). She lived here from 1971 until 1987 and was an antique dealer. She owned and operated S.S. Juniors Antiques in Springville. Survivors include her hus- band, Sidney; two daughters, Cindy Aydt and Alisa Smith; six grandchil- dren; and a great-granddaughter. Mor- gan Funeral Chapel, Springville, Ala. SAKOtmS, ARTEMIS A., 75, of Clearwater. died Saturday (Oct. 9, i 2(04) at Sabal Palms Health Care Cen- 'ter, Largo. She was born in New York . City, was a winter visitor since 1983 and recently moved here permanently from Staten Island, N.Y. She retired as a compliance administrator and worked 11 years for a Wall Street brokerage firm in New York City. She was an artist and enjoyed sewing and cooking. She was a former member and past president of the PTA and Holy Trinity Greek Orthodox Church of Staten Island, and 10caIly she was a member of Holy Trinity Greek Ortho- dox Church and the church's Pan leari- an Brotherhood, Clearwater. Survivors include her husband of 54 years, John; a daughter, Christine Sakoutis, Staten Island; a sister, Ann Drake, Clearwa- ter; a nephew, Christopher Drake; and a niece, Valerie "Sam" Drake. Sylvan Abbey Funeral Home, Clearwater. VITIORINO, DOUGlAS C., 42, of Clearwater, died Friday (Oct. 8, 2004). He came here in 1988 from his native Miami, and worked as a depart- ment manager at the Amalie Oil Co.. located in the Port of Tampa. He was Catholic. Survivors include his mother, linda Vittorino, Clearwater; his father, Alfred C., Tampa; and a sister, Lori Ann Roesser, Clearwater. Sylvan Ab- bey Funeral Home, Clearwater. WINKLE, JOHN E., 83, of Clear- water, died Friday (Oct. 8, 2004) at Mease Dunedin Hospital. He was born in East McKeesport, Pa., and came here in 1980 from West Palm Beach. He was a retired restaurant chef and a Coast Guard veteran of World War II, where he was shipwrecked twice. He was Presbyterian and a member of the American Legion in East McKeesport. Survivors include his wife of 58 years, Helen; a daughter, Tamara Dillon, Clearwater; two brothers, James, McKeeesport, Pa., and Earl, North Ridgeville. Ohio; two sisters, Ruth Hel- frich, Pinellas Park, and Mary Voytko, East McKeesport; and three grandchil- dren. Curlew Hills Funeral Home, Palm Harbor. Fire from Page 1 Lucky he was there." Officials aren't sure what caused the fire, said spokesman Jeffrey Camden. 'The smoke alarm was broken. Investigators left the scene at 7 a.m. Monday. Camden said the apartment is unlivable, but could not estimate the extent of the damage. Christopher and his mother returned to the apartment Monday to see what they could Accident from Page 1 raised those complaints again this year. , Stone said district records show no com- plaints about the bus stop this year. Transpor- tation officials are now checking prior years. Had McKinney complained, he said, the girl would have been placed on another bus that stops on the west side of McMullen-Booth Road. The district 'is now looking into its routes countywide to see if there are any other instances where students must cross multiple- lane highways, Stone said. Most of the routes are drawn up by an automated system that cannot be program- med to account for students having to cross multiple-lane highways, Stone said. That is left up to transportation workers who map bus routes, and sometimes to parental complaints. The district buses 47,000 students a day and there are more than 10,000 bus stops, Stone said. 'Things can fall between the cracks," he said. Stone said notice was sent out Monday to routers and drivers to look for similar situa- tions. "lbey11 be checking to see if there are any other situations like this," Stone said. ''We CLW TIMES. TUESDAY, OCTOBER 12, 2004 3 salvage. Christopher saved his bike. His mother grabbed a couple of birth certificates. Everything else was ruined. The family has no insurance. ''We're basically starting from scratch," Dorsey said. ''We couldn't save anything. I wouldn't wish this on anyone." The American Red Cross has put the family in a motel and given them clothing and toiletries. The children, however, are staying with their grandmother in Safety Harbor. The family is hoping to move into another apart- ment in Jasmine Courts. would've thought we would have known that by now." Many residents who live nearby and have seen students crossing McMullen-Booth Road said such a tragedy was waiting to happen. Phyllis Phillips of Clearwater said she had recently commented to friends about students crossing McMullen-Booth Road. 'That's a scary situation," she said. Kevin Riddel, 31, of Clearwater said he often sees students scurrying across the high- way. "Kids run across the street and then stand in the median and wait for traffic," he said. "I've never understood why the district would do that. I've always thought it wouldn't be long before something like this happened." The buses should at least drop students at the nearby intersection with Drew Street, where there is a traffic light, he said. Clearly, said School Board member Mary Russell, students should not be crossing mul- tiple-lane highways.. "Anyone who knows of this happening or has seen it happening (elsewhere), please call the district so it11 stop," Russell said. Carol Cook, vice chair of the School Board, said independent investigators will be looking into the accident. ''We need to find out how this happened," Cook said. "If there are things we need to Christopher, who loves tennis and volley- ball, met with his guidance counselor Mon- day. She gave him school supplies and a new backpack. Normally a shy boy, he stood up and told his class what happened. "I'm still a little shaken up," he said Mon- day evening. "I told my class and I was just shivering. But I'm okay." The family is lauding him as their hero. "He is my guardian angel," said Dorsey. "He deserves all the commending." Megan Scott can be reached at 445-4167 or mscott@sptimes.com, change, then we need to do it. We need to look at this all the way around. My heart goes out to the family." Checking routes countywide was the fami- ly's focus on Monday too. 'This has to make an impact on the com- munity," said Gerhard. "Something has to be done. It's the rest of the kids in the county we're concerned with." Family and friends said Sally McKinney was too busy making funeral arrangements for her daughter to comment on Monday. Gerhard said the family has not yet even considered possible legal action. "Our mind hasn't gone there yet," she said. ''We're dealing with so much." Rebecca McKinney, "Becca" to friends, was the second of four children from a close family. She was a member of Clearwater High's swim team and sang in the chorus with her sister, Mary. On Monday night, classmates and friends held a candlelight vigil at the accident site. On Monday afternoon, members of the Palm Harbor University High School swim team, which shares ClearwateI"s pool, presented a large card to members of the Clearwater team. "You are all in our thoughts and prayers," the card read. Staff photographer Douglas R. Clifford contributed to this report. s orr BUleK SA"'NGS SPECtAeULAR . IEVlERY BUICK'IN OUR' .,.AN.,.,C "'~~,,' INVENTORY DRASTlCAl.1. Y REDUC_D A1",,-!.~RI8ArIS ~ 7000 & SeoH Discounts V~ 5 2005 Buick I Rendezvous IlIA 511 Manufacturer Retail '27,415 1.~.AIrI ' Buick Rebate -'t500 III"~ - *GMAC Rebate -'1 500 I Scott Buick Savings -'3~16 $19 999 , NO CASH OR TRADE REQlJRED Dunedin NELSON, ElLEN WEST, 97, of Dunedin, died Sunday (Oct. 10, 2004) at Mease Continuing Care, Dunedin. She was born in Copenhagen, Den- mark, and came here in 1952 from Fort Belvoir, Va. She was a member of the Pearl Harbor Survivors and the Retired Officers Association. Survivors include a daughter, Alice Burkhardt, Dunedin; and five grandchildren, Barbara Ann Burkhardt, Carolyn Burkhardt and Elizabeth Gregory, all of Seattle, Us ~est Murray, Charlotte, N.C., and Ell- wood Burkhardt Jr., Rockford, Ill. Moss-Feaster Funeral Homes & Cre- mation Services, Dunedin Chapel. 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COX AIR CONDITIONING & HEATING, INC. 2198 Calumet Street Clearwater, FL 33765 727.442.615B .. www.coxalr.com Cox does no telephone soliciting Turn to the ExpertS: Purim is 0 {Gtti_tod- of(otrier COlpOftItion & Infinitv is a II'lldGmoJk of Corriel' Corpo_. F1imd1if~ ~ ~Js~IiQnilt Offers end 11/15)04. See Five Slur ConIer FOdIllV ~ ,DeiJ\erfor delOd$!l$ re.JJlidlollS apply to &mited wormn1ies. Models 38Y08,a8Tll8 with fE4 or 58CVA~,'.~'itIdOor coil ond Infinity CoofroI, flomeQWl1el'jO<alpOMS only. ,'3' \', ',~ '" ~4 TIMES. TUESDAY. OCTOBER 12. 2004 CLW________________ ____________________ -.--------------------_..- -----------"- SPORTS 25TH ANNUAL CLEARWATER JAZZ HOLIDAY MAKING MUSIC WHEN: Thursday to Sunday. Gates open two hours before show time. WHERE: Coachman Park, downtown Clearwater on the waterfront. AlNW~~:Free;donations accepted. DON'T BRING: Alcohol, coolers, pets or umbrellas. Special dietary foods and kids' snacks are allowed. VOLUNTEERS: More than 600 slots still need to be filled. Wantto help? Call (727) 461-5200. Adjusbnent in approac~ lifts Clearwater player A slight change of attitude belped an aspiring pro from Clear- water to clear a major hurdle. Jenny Gleason, who missed the 36-hole cut at the LPGA sec- tional qualifier in Rancho Mirage, Calif., last month, rebounded at last week's sectional in Venice at Plantation Country Club. The 24--year-old, a product of Clearwater High School and UNC- Greensboro, enjoyed a consistent 76-73-74-74-297 performance to tie for 14th and qualify for the Dec. 1-5 finals in Daytona Beach. "I put a lot of pressure on my- self (in California) and was very disappointed, even upset," said Gleason, who works part time as a golf shop at- . tendant at East Lake Woodlands. "After talking with my instruc- 'Gleason tor, Kelly Thorpe in ,Greensboro, I entered last week's -qualifier with a different attitude," ,Gleason said. That approach, Gleason ex- - plain ed, was to relax, believe in . herself and stay in the present . rather than thinking about the past or the future. "My attitude last week was to just have fun," she said. "I never paid attention to where I stood in 'the final round. But I kept believ- ing in myself and was able to putt - well all week." Gleason played with exempt status on the Futures Tour this .year, making the cut in 14. of 17 ; events. Her scores averaged 73.70, and she finished 44th on the mon- ey list with $8,000. . Someone recently suggested to Gleason that she did well financial- ~ ly. That was until Gleason remind- ,ed her that travel expenses to 17 events, including New Mexico, 'and $3,500 for each LPGA Q- School left her in debt . "I love playing professionally, , but it costs," Gleason said. "What ,I'd like to find is a sponsor." . Seminole's BriUany Linci- o come, 19, tied for fourth at Venice to advance to the final qualifier at - LPGA International. She finished . &over 294 in the sectional, where . just one pl~yer broke par. CGA: Mitch Bentley, playing in the senior division of last week's . match at East Lake Woodlands, produced Monday's best round - (78). _ Dave Duncan won the regular . division with an BO. Net honors ~ among competitors under 55 went . to Dave Jenquin (69). TonyWei- gandt and A.J. Finales tied in - seniors play at 70. Barbara Miller . won the ladies net with 76. LARGO SCRAMBlE: The winning : team shot 12-under 50 on the par- _ 62 city course Sept 25. The members were Dave Na- . gy of St Petersburg, Dino Domi- , nato, Seminole; John Colacicco, . Largo; and John Eppard, Clear- - water. . Eppard played on last week's . winning squad, which included : Largo's Marvin Panneri, Clear- water's TIm Nievinski and Gene Nievinski of Beverly Hills. The biweekly scramble is open " to the public. Teams are fonned by a blind draw. For infonnation, call " 518-3026. WEST COAST WOMEN: Dean LaFerriere of Cypress Run posted , &over 78 to win Flight A of the . bay-area association's match at . Hunter's Green last week. Cathy Moss of the Vmoy tied for second (82) in Flight B, and I teammate Nina Schmidt received ~ a share of first (86) in Flight C. ,. PlNEllAS INTERCLUB: A match at Dunedin Country Club has been moved to the Vmoy for Oct 28 at 12:30 p.m. COLLEGES: St. Petersburg's Mike Barbosa helped Georgia Tech finish a close second to.Okla- homa State in last month's : Ping/Golfweek NCAA Preview , Tournament. The event for the nation's top 15 teams was at the site of the 2005 : championship, Caves Valley in Ow- '. ings Mills, Md. . Barbosa recorded a 74-68-73- . 215 to finish 16th in a field of 75, . third among teammates. Tech was 10 strokes ahead of Florida, which . tied for fourth with Texas. . Danny Allen (Tarpon Springs High) finished second for Eckerd College in the Saint Leo Preview. Allen, a 2000 Times All- Suncoast first-team member, shot ,~'. 231 for 54 holes. ., . Megan Riley (Largo High) :-;. is starting at NCAA Division II . power Florida Southern for the ~' fourth season. In last week's WIld- . ~. cat Invitational, hosted by the Uni- ;: versity of Kentucky, she placed ~ 63rd. ... PGA TOUR O-SCHOOI..: At least ,,,- t\fi DAVE THEAll GOLF three former Pinellas prep and col- lege standouts are expected to compete this fall for a place on the world's major tour for 2005. They are Bob Heintz (Coun- trysidelYale), Dan Stone (St Pe- tersburg/Florida) and Ryan GDd- ersleeve (Clearwater/South Ala- bama). Heintz, of Palm Harbor, has qualified twice. HIGH SCHOOL BOYS: Seminole had its ups and downs last week in two close matches.. At a tournament Monday on their home course, Seminole Lake, the Warhawks lost for the first time this season. Palm Harbor Uni- versity prevailed 159-160. But the following day, Steve Hoft's Seminole squad traveled to East Lake Woodlands to play against host East Lake. The War- hawks came away with a 152-155 victory, improving their record to 10-1. The members of the winning team were Ben Drenth (36), Jon Dubbeld (36), Kyle Olson (38) and Danny Hausdod (42). Nick Barshel and Mike Kowalski are other key members of the War- hawks, who return five of their top six players from last year's state tournament club. 'The fact that they won region- als last year and earned a place at the state tournament is a definite asset, or could be," Hoff said about dealing with pressure situations. "However, how far the kids go this season depends on how bad they want to go. . . . This has been a strange year, kind of weird. They lose on their home course and win at East Lake's home course." The first major test of the post- season for the Pinellas County team will be the district tourna- ment Monday at Tarpon Woods. Four squads advance to region- als. The top contenders .include Seminole, East Lake (12-4), Palm Harbor (18-2), Countryside (11-1), Clearwater (10-8) and Mitchell of New Port Richey. Countryside dropped its first match of the season last week to Clearwater. They were tied after pine holes at 156. That led to a playoff, which the Tornadoes won on their home course, Clearwater Country Club. PREP GIRLS: Northside Chris- tian proved that last month's win over Saddlebrook Academy wasn't a fluke. A week ago on its home course, Seminole Lake, the Mustangs took the measure of Saddlebrook to a wider margin, 153-160. Wendy Wenglasz led the charge with a par 36. She was followed by Dakoda Dowd, a sixth-grader with a 38, Danielle Jackson (39) and Sophie Dem7 broski'(40). Coach Dave Jackson's Mus- tangs (15-0) begin their state title quest in district play Monday at Belleview Biltmore Golf Club on Indian Rocks Road in Clearwater. Team leader Danielle Jackson has a 37.5 nine-hole average based on par-36 layouts through seven matches. HIGH SCHOOL NOTES: Seminole coach Steve Hoft'helped guide the county's most recent individual state titIists. In 1996, Wmk Amer- man captured the boys 2A title. In 2002 and '03, Lincicome won the 36-hole matches. . Largo's Evan Jensen was the medalist (74) in last month's Pinellas County Girls Champion- ship at Seminole Lake. . Palm Harbor University, paced by Courtney Harter, ap- pears to be the county's top 2A girls team entering district compe- tition next week. . Dowd, only 11, competed in the 13-15 division of a Southeast- ern Junior event in Athens, Ga., last month. Her 81-77 on the par-73 .course forced a two-hole playoff for first place, in which she had to settle for second. There were 21 girls in the field. Dowd's 77 was the best score of the final day. CHRYSLER CHAMPIONSHIP: The PGA Tour's final full-field event of the year has six of the world's top seven players set to tee it up Oct 28 at Westin Innisbrook Re- sort. Tickets are available at www.chryslerchampionship.com. Volunteer caddies are needed for the Oct 25 Pro-Am on the Copper- head course. For infonnation, call (727) 942-5566. TRAVEL Book ~iI1ine. hotel and car reselVationS. RESTAURANTS Browse the directory to find that special place. Check out Chris Sherman's reviews. MOVIES Search for a movie by location or movie title, The latest reviews are a dick lWay. YELLOW PAGES And what you need and where with our easy-eo-use searchable yellow pages. For WHATS HAPPENING in Tampa Bay, log on tQday! THE LINEUP THURSDAY: 6:30to 8 p.m. A1lon Sams; 8:30 to 10 p.m. Rick Braun. FRIDAY: 5:30 to 6:45 p.m. Big land the SophistiKatz; 7: 15 to 8:30 p.m. VictorWooten; 9to 10:15p.m. Branford Marsalis~ SATURDAY: 1:45t03p.m. Pepper and Fine Thyme; 3:30 to 4:45 p.m. Tony Vacca and World Rhythms; 5: 15 to 6:30 p.m. Dan Moretti; 7 to 8: 15 p.m. Chris Botti; 8:45 to 10 p.rn. the Neville Brothers (10 to 10:20 p.m. fireworks). SUNDAY: 12:30to 1:30 p.m. the Clearwater Jazz HolidaylRuth Eckerd Condos from Page 1 from 77 to 62. Top Flight is propos- ing constructing the condos on the site of the existing Bay Queen and Edgewater Drive motels. 'The community had a voice," Richards said. "It was heard. There were five separate individuals who came up and said they wanted it, why they believed it was appropri- ate. The board considered both sides of the equation. . 'There's not an ounce of proof that Oohnson) didn't look at evi- dence." The Edgewater Preservation Project, which has spent more than six months battling the pro- posed complex, wants the condos to be no more than 35 feet tall, the same height as the nearby Com- fort Suites. But while the developers could have designed the building to be wider and lower, it would have meant fewer units or moving the complex closer to adjoining prop- erty lines. They also wanted to save two nearby large oak trees that are . each estimated to be more than 100 years old. Only the attorneys spoke at the meeting, but each side said later that they thought the judge heard their concerns. "I thought it went pretty well," Zimmet said. "I think we were able to make our points. I think the judge was very attentive and inter- ested. I really don't think they gave Where to park · Between the ages of 18 - 65 years · Having both nasal and chest symptoIIis · A non-smoker · Testing and medications will be provided. · Volunteers will be compensated ~ 2 For more information, please i call Connie at 727-791-3337 You're Given Personal Attention 'at OPEN AIR FLORIST. 607 N. Myrtle Ave., Clearwater 443- 1963 95597 ;....:: Cough Er Wheeze? v; eers are needed to partt' pate in a research study of . runny nose and sneezing along . with chest symptoms. '~$t.' ~,$t.D' , . q'CoUrt'st II 1... III -'--'~$t. ~:. ""_1IIf Pal:t St. k ,DID VOLUNTEERS MUST BE: rJ Temporary Library Parking Lot m ~arden Avenue Parking Garage B Station Square Parking Lot m Municipal Services Garage II City Hall Parking Lot o County Parking Garage m Atrium Building Parking Garage m Pinellas County Courthouse Parking o Pinellas County Courthouse Parking o Pinellas County Courthouse Parking CJ Clearwater Towers TImes map ~Hand~an \11 CONNECTION" Retired Craftsmen & Other Experts · Bath Remodel · Kitchen Remodel · Windows-Doors · Ceramic Tile · Crown Molding · Roofing-Shingles · Soffit-Fascia-Decks . Re-roofs & Patches · Drywall-Pai.nting · Much More... ~ (727) 894-~OO8 aIEl " ' . J#. w~. hand~~~~~o:~~;!~o:.com . . OJ cdC1326084/Lic # CBC 1250641 Offers subject to change without notice r--------r--------,---------r--------~ I SAVE I SAVE I SAVE I SAVE I : $15 : $'5 : $50 :$100: Ion any work I on any work I on any work I on any work I lover ..0 lover .100 lover .2150 lover .7150 I .--------L---_____~_________L________~ Hall Youth Jazz Band; 2 to 3: 15 p.m. the Nate Najar Trio with Chuck Redd; 3:45 to 5 p.rn. Uptown Vocal Jazz Quartet; 5:30 to 6:45 p.m. Adela Dalto; and7:15 to 8:30 p.m. Big Bad Voodoo Daddy. these folks a fair shake." Dan Dennehy, who owns the motels, said he was pleased with the way the hearing went "We're hopeful and believe that the judge will come out and sup- port the CDB decision," he said. Megan Scott can be reached at 445-4167 or msc:ott@sptimes.com. .~ ~ 7 5 Alrwest, Inc. 121-125-5052 CAC054739 Pinellas & Hillsborough Counties UP TO $750 CASH REBATE!* .When combined with Florida Progress Energy heat pump rebate and included with the purchase of a 12 SEER and ~igher c.omplete. Rheem high efficiency air conditioning system or heat pump. Replacement units only. For a limited time while supplies last. Contact dealer for details. Void where prohibited or restricted by law. - NEW....OW:CARB' 'SA'LADS'~;" of DUNEDIN STEAKERY 8: FISHERY LOUNGE 12 EARLY BIRD SPEOALS All Day Every Day w~8arfromSS.7S BANQUET fACDJrY. ft1ll uquOR BAR Dunedin's _ 110z. Chopped Steak ..$5.75 200212003 Chicken Lorraine ........57.95 ~ Oid<en PanngJana.. '6.95 @ GalIk Crusted Qooper ..'9.95 BroilecfScrod................s5.95 of the Stuffed Salmon ..............59.95 Open Faced Turkey ......$5.95 v.t Stuffed Shrimp ............5.0.95 8lad<ened (iou~ Sandwich $6.25 N.Y. Strip Steak............s.0.95 All Entrees Indude Sodid 11I', Two Soups, MId Choice of l'otMo, lice 111M or Vegetab/eJ. 7 = 1600 MaIn 5aeet (S.R. .580), DunedIn 733-7024 m g (Between Belcher & County Rd. One) Dai 11 AM - 9 PM !till t LUNCH SPECIALS